The Legal Status of MegaLEO Constellations and Concerns About Appropriation of Large Swaths of Earth Orbit

Abstract

The emergence and near-term bringing into use of constellations of very numerous satellite constellations raises issues of unwanted and possibly impermissible appropriation of Low Earth Orbit (LEO) or portions thereof. Currently, coordination of orbital “slots” occurs only in the Geostationary Orbit (GSO), and there are no restrictive rules preventing individual actors, including both States and private entities, from deploying very numerous spacecraft into LEO. MegaLEO constellations may utilize LEO orbits to such an extent that other actors might be excluded from using these orbits. This chapter will explore explicit rights and obligations, principles of general nature, and economic and political aspects of addressing this emerging issue.